21 U.S. Code § 960 - Prohibited acts A

(1)contrary to section
952,
953, or
957 of this title, knowingly or intentionally imports or exports a controlled substance,

(2)contrary to section
955 of this title, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or

(3)contrary to section
959 of this title, manufactures, possesses with intent to distribute, or distributes a controlled substance,

shall be punished as provided in subsection (b) of this section.

(b) Penalties

(1)In the case of a violation of subsection (a) of this section involving—

(A)1 kilogram or more of a mixture or substance containing a detectable amount of heroin;

(B)5 kilograms or more of a mixture or substance containing a detectable amount of—

(i)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(ii)cocaine, its salts, optical and geometric isomers, and salts or isomers;

(iii)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(iv)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);

(C)280 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;

(D)100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(E)10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(F)400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1- ( 2-phenylethyl ) -4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(G)1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or

(H)50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.[1]

the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual, or both. Notwithstanding section
3583 of title
18, any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein.

(2)In the case of a violation of subsection (a) of this section involving—

(A)100 grams or more of a mixture or substance containing a detectable amount of heroin;

(B)500 grams or more of a mixture or substance containing a detectable amount of—

(i)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(ii)cocaine, its salts, optical and geometric isomers, and salts or isomers;

(iii)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(iv)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);

(C)28 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;

(D)10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(E)1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(F)40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1- ( 2-phenylethyl ) -4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(G)100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or

(H)5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.[1]

the person committing such violat ion shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. Notwithstanding section
3583 of title
18, any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein.

(3)In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or flunitrazepam, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section
3583 of title
18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results.

(4)In the case of a violation under subsection (a) of this section with respect to less than 50 kilograms of marihuana, except in the case of 100 or more marihuana plants regardless of weight, less than 10 kilograms of hashish, or less than one kilogram of hashish oil, the person committing such violation shall be sentenced in accordance with section
841(b)(1)(D) of this title.

(5)In the case of a violation of subsection (a) involving a controlled substance in schedule III, such person shall be sentenced in accordance with section
841(b)(1) of this title.

(6)In the case of a violation of subsection (a) involving a controlled substance in schedule IV, such person shall be sentenced in accordance with section
841(b)(2) of this title.

(7)In the case of a violation of subsection (a) involving a controlled substance in schedule V, such person shall be sentenced in accordance with section
841(b)(3) of this title.

(1)imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this subchapter or subchapter I of this chapter;

(2)exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported;

(3)imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this subchapter or subchapter I of this chapter;

(4)exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported;

(5)imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section
971 of this title applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to paragraph (2) or (3) of section
971(f) of this title by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported;

(6)imports a listed chemical in violation of section
952 of this title, imports or exports such a chemical in violation of section
957 or
971 of this title, or transfers such a chemical in violation of section
971(d) of this title; or

(7)manufactures, possesses with intent to distribute, or distributes a listed chemical in violation of section
959 of this title.[2]

shall be fined in accordance with title 18, imprisoned not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical, or both.

Schedules I, II, III, IV, and V, referred to in subsec. (b), are set out in section
812(c) of this title.

Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. (b)(3), is section 3(a)(1)(B) ofPub. L. 106–172, which is set out in a note under section
812 of this title.

2008—Subsec. (b)(3). Pub. L. 110–425, § 3(i)(3), struck out before period at end “, nor shall a person so sentenced be eligible for parole during the term of such a sentence”.

Subsec. (b)(4). Pub. L. 110–425, § 3(i)(1), inserted “or” after “hashish,”, struck out “or any quantity of a controlled substance in schedule III, IV, or V, (except a violation involving flunitrazepam and except a violation involving gamma hydroxybutyric acid)” after “hashish oil,”, and substituted “sentenced in accordance with section
841(b)(1)(D) of this title” for “imprisoned not more than five years, or be fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, notwithstanding section
3583 of title
18, in addition to such term of imprisonment, include (A) a term of supervised release of not less than two years if such controlled substance is in schedule I, II, III, or (B) a term of supervised release of not less than one year if such controlled substance is in schedule IV”.

Subsec. (d). Pub. L. 104–237, § 302(b), in closing provisions, substituted “not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical,” for “not more than 10 years,”.

1994—Subsec. (b)(1), (2). Pub. L. 103–322, § 90105(a), in sentence in concluding provisions beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

Subsec. (b)(3). Pub. L. 103–322, § 90105(a), in sentence beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

“(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this subchapter or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; or

“(2) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance in violation of this subchapter or, in the case of an exportation, in violation of the law of the country to which the chemical is exported;

shall be fined in accordance with title 18, or imprisoned not more than 10 years, or both.”

“(1) In the case of a violation under subsection (a) of this section involving—

“(A) 100 grams or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of—

“(i) coca leaves;

“(ii) a compound, manufacture, salt, derivative, or preparation of coca leaves; or

“(iii) a substance chemically identical thereto;

“(B) a kilogram or more of any other narcotic drug in schedule I or II;

“(C) 500 grams or more of phencyclidine (PCP);

“(D) 5 grams or more of lysergic acid diethylamide (LSD);

the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both.

“(2) In the case of a violation under subsection (a) of this section with respect to a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1) and (3), be imprisoned not more than fifteen years, or fined not more than $125,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment.”

Subsec. (b)(4). Pub. L. 99–570, § 1302(a)(1), (3), (b)(2), (3), redesignated former par. (3) as (4), inserted “except in the case of 100 or more marihuana plants regardless of weight,” and substituted “fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual” for “fined not more than $50,000”.

Subsec. (b)(3). Pub. L. 98–473, § 504(1), (3), redesignated former par. (2) as (3) and substituted “less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as provided in paragraph (4)” for “a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall”, and “$50,000” for “$15,000”.

Subsec. (c). Pub. L. 98–473, § 225, as amended by Pub. L. 99–570, § 1005(c), struck out subsec. (c) which related to special parole terms imposed under this section or section
962 of this title. Notwithstanding directory language that the amendment be made to “Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960)”, the amendment was executed to this section as the probable intent of Congress.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–425effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) ofPub. L. 110–425, set out as a note under section
802 of this title.

Effective Date of 1994 Amendment

Amendment by section 330024(d)(2) ofPub. L. 103–322effective 120 days after Dec. 17, 1993, see section 330024(f) ofPub. L. 103–322, set out as a note under section
802 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–200effective on date that is 120 days after Dec. 17, 1993, see section 11 ofPub. L. 103–200, set out as a note under section
802 of this title.

Effective Date of 1988 Amendment

Amendment by section 6053(c) ofPub. L. 100–690effective 120 days after Nov. 18, 1988, see section 6061 ofPub. L. 100–690, set out as a note under section
802 of this title.

Effective Date of 1986 Amendment

Amendment by section 1004(a) ofPub. L. 99–570effective on date of taking effect of section
3583 of Title
18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) ofPub. L. 99–570set out as a note under section
841 of this title.

Effective Date of 1984 Amendment

Amendment by section 225 ofPub. L. 98–473effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) ofPub. L. 98–473, set out as an Effective Date note under section
3551 of Title
18, Crimes and Criminal Procedure.